Strict Liability, Breach of Warranty Claims Dismissed in Enbrel Case

PITTSBURGH - A Pennsylvania federal judge has dismissed strict liability and breach of warranty claims in an Enbrel wrongful death action, ruling that they are not cognizable under Pennsylvania law because they are not based in negligence. Salvio v. Amgen Inc., No. 11-553 (W.D. Pa.).

On Aug. 18, Judge Terrence F. McVerry of the U.S. District Court for the Western District of Pennsylvania also dismissed the plaintiff's negligence claims, ruling that they were inadequately pleaded. However, he granted the plaintiff leave to amend these claims, ruling that they are potentially cognizable.

In 2005, Janine M. Tragesser was prescribed Enbrel to …